HOOTS v. COM. OF PA.

No. 78-1224.

587 F.2d 1340 (1978)

Dorothy HOOTS, Individually and as mother of her children Janelle Hoots and Jamie Hoots, Mrs. Addrallace Knight, Individually and as mother and natural guardian of her children Ronald Knight, Loretta Knight, Terrence Knight, Pamela Knight, Darryl Knight, Marc Knight and Byron Knight, Barbara Smith, Individually and as mother and natural guardian of her children Tawanda Smith, Tevela Smith, Joseph Smith, Wesley Smith and Eric Smith, on behalf of themselves and all others similarly situated, Appellants, v. COMMONWEALTH OF PENNSYLVANIA, Edward X. Hallenberg, President of the Allegheny County Board of School Directors, the Allegheny County Board of School Directors, W. Deming Lewis, Chairman of the Pennsylvania State Board of Education, the Pennsylvania State Board of Education, Michael Sullivan, President of the School District of the Borough of Braddock, the School District of the Borough of Braddock, Andrew Lisyak, President of the School Board of the School District of the Borough of Rankin, the School District of the Borough of Rankin, Leo Campbell, President of the School Board of the School District of the Borough of North Braddock, the School District of the Borough of North Braddock, the Allegheny Intermediate Unit Board of School Directors and Edward X. Hallenberg, President of the Allegheny Intermediate Board of School Directors.

United States Court of Appeals, Third Circuit.

Decided October 27, 1978.


Attorney(s) appearing for the Case

Thomas C. Reed, Irvin S. Bails, James Shilliday, Pittsburgh, Pa., for appellants.

Goehring, Rutter & Boehm, Thomas M. Rutter, Jr., Pittsburgh, Pa., for appellee Allegheny Intermediate Unit.

Allen C. Warshaw, Deputy Atty. Gen., J. Justin Blewitt, Jr., Deputy Atty. Gen., Chief, Civil Litigation, Robert P. Kane, Atty. Gen., Dept. of Justice, Harrisburg, Pa., for appellees Commonwealth of Pennsylvania, its Board of Education and W. Deming Lewis.

J. Robert Maxwell, Maxwell & Huss, Pittsburgh, Pa., for intervenor Churchill Area School District.

Before GIBBONS, HUNTER and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

Plaintiffs, mothers of children who attend public schools in the General Braddock School District in Allegheny County, Pennsylvania, brought this action on behalf of themselves and other parents of children attending those schools,1 alleging that the consolidation of various school districts in that county had created racially segregated schools. The district court, in an opinion and...

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